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U.S. v. Brooks, CR18-0224-JCC. (2019)

Court: District Court, D. Washington Number: infdco20190315h25 Visitors: 12
Filed: Mar. 14, 2019
Latest Update: Mar. 14, 2019
Summary: ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Defendant's unopposed motion to continue the trial date and the pretrial motions deadline (Dkt. No. 43). Defendant has filed a speedy trial waiver up to September 10, 2019. (Dkt. No. 44.) Having considered Defendant's motion and speedy trial waiver, the Court FINDS: 1. The ends of justice will best be served by a continuance, and the ends of justice outweigh the best interests of the public and Defendant in a
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ORDER

This matter comes before the Court on Defendant's unopposed motion to continue the trial date and the pretrial motions deadline (Dkt. No. 43). Defendant has filed a speedy trial waiver up to September 10, 2019. (Dkt. No. 44.) Having considered Defendant's motion and speedy trial waiver, the Court FINDS:

1. The ends of justice will best be served by a continuance, and the ends of justice outweigh the best interests of the public and Defendant in any speedier trial, as set forth in 18 U.S.C. § 3161(h)(7)(A); and

2. Failure to grant a continuance would likely result in the miscarriage of justice, as set forth in 18 U.S.C. § 3161(h)(7)(B)(i); and

3. The case is sufficiently complex that it is unreasonable to expect adequate preparation for pretrial proceedings or the trial itself within the current trial schedule, as set forth in 18 U.S.C. § 3161(h)(7)(B)(ii); and

4. Taking into account the exercise of due diligence, a failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation due to counsel's need for more time to review the evidence, consider possible defenses, and gather evidence material to the defense, as set forth in 18 U.S.C. § 3161(h)(7)(B)(iv).

For the foregoing reasons, Defendant's motion to continue trial (Dkt. No. 43) is GRANTED. It is therefore ORDERED that the trial date be CONTINUED from April 8, 2019 to August 19, 2019 at 9:30 a.m., and that the time between the date of this order and the new trial date is excludable time under the Speedy Trial Act, pursuant to 18 U.S.C. §§ 3161(h)(7)(A), 3161(h)(7)(B)(ii), and 3161(h)(7)(B)(iv). Any pretrial motions shall be filed no later than July 11, 2019.

Source:  Leagle

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